Is Section 654 of the California Three Strikes Act a violent felony?

California, United States of America


The following excerpt is from People v. Newman, 188 Cal.Rptr.3d 910, 238 Cal.App.4th 103 (Cal. App. 2015):

We also observe that the term act of violence is not defined in terms of the violent felony statutes of the Three Strikes law. Not only did section 654 precede Three Strikes by a century, courts have recognized that there is no clear-cut correlation between the two statutes. For example, although burglary of a residence in the presence of another is a violent felony ( 667.5, subd. (c)(21), 1170.12 subd. (b)(1)) under the Three Strikes law, burglary standing alone is not a violent crime for purposes of the multiple victim exception. (People v. Centers (1999) 73 Cal.App.4th 84, 99, 86 Cal.Rptr.2d 151 ; see People v. Miller (1977) 18 Cal.3d 873, 886, 135 Cal.Rptr. 654, 558 P.2d 552 [burglary with infliction

[238 Cal.App.4th 116]

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